Pursuant to the authority vested in the undersigned Philip C. Petty, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Marion West Virginia, and by Deed of Trust dated December 19, 2007, executed by Jeffrey Mark Brewer to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Marion County, West Virginia, in Trust Deed Book 916 at Page 423, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on October 7, 2015 at 9:30 a.m. to the highest bidder at the front door of the Courthouse of said County of Marion, in Fairmont, West Virginia, which real estate is more completely described as follows:
All that certain property situated in the City of Fairmont, Grant District, in the County of Marion, State of West Virginia, and being described as follows: Map 4 Parcel 44. Being more fully described in a deed dated January 03, 2006 and recorded January 24, 2006, among the land records of the County and State set forth above, in Deed Volume 1009 and Page 145 which deed describes the property as:
Situate in the City of Fairmont, Grant District, Annex, Marion County, West Virginia, in Fox Hill Addition, Section No. Two (2), a map or plat of which addition is of record in the office of the Clerk of the County Court of Marion County, West Virginia, in Deed Book 458, at Page 9, that is to say:
ALL OF LOT FORTY-TWO (42), as designated and described on a map or plat of said Fox Hill Addition, Section No. 2, the same being more particularly bounded and described as follows, to-wit:
Beginning at a stake in the northern edge of Shirlane Avenue, a common corner of Lots Nos. 42 and 43, and running thence with said northern edge of Shirlane Avenue, S. 56° 16’ W. 102.27 feet to a stake, a common corner of Lots Nos. 41 and 42; thence with the division line of said Lots Nos. 41 and 42, N. 33° 44’ W. 172.89 feet to a stake, a common corner of Lots Nos. 36, 37, 41 and 42; thence with the division line of said Lot Nos. 36 and 42, N. 65° 43’ 40” E. 103.68 feet to a stake a common corner of Lots Nos. 35, 36, 42 and 43; and thence with the division line of said Lots Nos. 42 and 43, S. 33° 44’ E. 155.85 feet to the place of beginning.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 10th day of September, 2015.
Philip C. Petty,
Times: September 16, 23, 2015
Brewer Trustee Sale